OM PARKASH SHARMA Vs. HVPNL

JUDGEMENT

(1.) THE present petition has been filed for issuance of a writ in the nature of certiorari for quashing of impugned order dated 8.1.2009 (Annexure P -3) passed by respondent No.2, whereby, claim of the petitioner for granting deemed date of promotion as Upper Division Clerk at par with his juniors namely, G.N. Pandey and Virender Kumar Vaid in terms of revised seniority list, has been rejected.

(2.) BRIEFLY , the facts of the case as made out in the present petition are that the petitioner joined as LDC in Haryana State Electricity Board (hereinafter called as 'HSEB') on 22.8.1974. He passed the Departmental Accounts Examination on 9.7.1976 and was given benefit of deemed date of appointment as LDC w.e.f. 20.11.1971 by taking into consideration his military service during period of emergency. Thereafter the petitioner was promoted to the post of UDC on 30.11.1976 and Assistant on 17.8.1988.

(3.) THE present petition has been filed on the ground that the petitioner is entitled to get promotion as Assistant from the date his juniors, namely, G.N. Pandey and Virender Kumar Vaid were considered i.e. 20.1.1978. The petitioner made representation and thereafter he served a legal notice upon the respondents but no action was taken thereupon. The petitioner filed C.W.P. No. 18307 of 2008, which was disposed of with a direction to the respondents to take a final decision on the legal notice. In compliance of the directions issued by this Court in C.W.P. No. 18307 of 2008, the claim of the petitioner was considered and rejected on the ground that his juniors were allocated to DHBVNL and HVPNL and petitioner was not entitled for benefit of deemed date of promotion.